Amicus Brief filed October 25, 2012, in Supreme Court in U.S. Airways v. McCutchen on behalf of United Policy Holders and Seven Trial Lawyer Organizations. Click here to Download Copy of Brief.
Published Articles
If a plaintiff recovers a tort settlement and her attorney retains funds in a trust account in the event an ERISA lien is pursued, how long must the attorney wait before safely disbursing the money? Although the question appears simple, …
Subrogation on personal injury claims by a health insurer was universally prohibited by law when Congress enacted ERISA in 1974. Seizing upon the notion of ERISA preemption, ERISA plans and related insurers have manufactured the right of reimbursement (or subrogation) …
Click on the icon on the left to access this article. Amy Thompson, 3rd year law student at USD School of Law, published this amazingly thorough article, as part of the South Dakota Law Review ERISA Symposium. This article analyzes …
The South Dakota Law Review hosted an ERISA Symposium on February 24, 2011. I was asked to serve as the moderator for this Symposium. These are my comments made as moderator, published at 56 S.D.L.Rev. 405 (download by clicking on icon to the …
The Supreme Court stated on May 16, 2011, “We cannot agree that the terms of statutorily required plan summaries may be enforced as the terms of the plan itself.” This holding has a significant impact upon the enforceability of ERISA …
ERISA Reimbursement Proceeds: Where Does the Money Go? (co-authored with Delia Druley) (2010) published in Minnesota Trial, Spring 2010, North Dakota Association for Justice, South Dakota’s “The Barrister,” and Pennsylvania Association for Justice Newsletter May, 2010. This article is also …
Transparency for ERISA Reimbursement Recoveries: A Proposal for Administrative and Congressional Action (2010), published (or scheduled to be published) in Trial Lawyer Journals in Nevada, Arizona, Colorado, North Dakota, Minnesota, Western Pennsylvania Trial Lawyers Association, and South Dakota. Download …
Service of a ‘Proper Request’ upon the Plan Administrator: a Key Step in Defending against ERISA Reimbursement Claims (2010), published in Trial Lawyer Journals in Massachusetts, Pennsylvania (Western Pa. Trial Lawyers “The Advocate” and Pa. Association for Justice “PA Justice …
Eight Ways to Defeat or Minimize ERISA Reimbursement Claims (2007), published in Trial Lawyer Journals in Nevada, South Dakota, Ohio, Georgia, Texas, New Mexico, Arizona, Nebraska, South Carolina, Wisconsin, Montana, Florida, and Arkansas. Download Here